Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part III - Prevention of Diseases
Chapter 29 - MISCELLANEOUS HEALTH PROVISIONS
Subchapter D - AMBULATORY GYNECOLOGICAL SURGERY IN HOSPITALS AND CLINICS
Section 29.37 - Informed consent
Universal Citation: 28 PA Code ยง 29.37
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Rule. No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced.
(b) Consent. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The woman is provided, at least 24 hours
before the abortion, with the following information by the physician who is to
perform the abortion or by the referring physician, but not by the agent or
representative of either:
(i) The name of the
physician who will perform the abortion.
(ii) The fact that there may be detrimental
physical and psychological effects which are not accurately
foreseeable.
(iii) The particular
medical risks associated with the particular abortion procedure to be employed
including, when medically accurate, the risks of infection, hemorrhage, danger
to subsequent pregnancies and infertility.
(iv) The probable gestational age of the
unborn child at the time the abortion is to be performed.
(v) The medical risks associated with
carrying her child to term.
(2) The woman is informed, by the physician
or his agent, at least 24 hours before the abortion:
(i) That Medical Assistance benefits may be
available for prenatal care, childbirth, and neonatal care provided that the
woman is deemed to meet the eligibility criteria for such benefits as
determined by the appropriate County Board of Assistance.
(ii) That the father may be held liable,
through court action, to assist in the support of her child, even in instances
where the father has offered to pay for the abortion.
(iii) That she has the right to review the
printed materials provided by the Department to the physician or his agent who
shall orally inform the woman that the materials describe the unborn child and
list agencies which offer alternatives to abortion. If the woman chooses to
view the materials, copies of them shall be furnished to her. If the woman is
unable to read the materials furnished her, the materials shall be read to her.
If the woman seeks answers to questions concerning any of the information or
materials, answers shall be provided her in her own language.
(3) The woman shall certify in
writing, prior to the abortion, that the information described in paragraphs
(1) and (2) has been furnished her and that she has been informed of her
opportunity to review the information referred to in paragraph
(2)(iii).
(4) Prior to the
performance of the abortion, the physician who is to perform or induce the
abortion or his agent shall receive a copy of the written certification
prescribed by paragraph (3).
(c) Emergency. Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death, or for which a 24-hour delay will create grave peril of immediate and irreversible loss of major bodily function.
(d) Parental consent.
(1) Except
in the case of a medical emergency, except as provided in this section, if a
pregnant woman is less than 18 years of age and not emancipated or if she has
been adjudged an incompetent under
20 Pa.C.S. §
5511
(relating to petition and hearing; examination by court-appointed physician), a
physician shall not perform an abortion upon her unless, in the case of a woman
who is less than 18 years of age, he first obtains the consent both of the
pregnant woman and of one of her parents or, in the case of a woman who is
incompetent, he first obtains the consent of her guardian. In deciding whether
to grant such consent, a pregnant woman's parent or guardian shall consider
only the child's or ward's best interests. In obtaining the consent of the
woman's parent or guardian, the physician shall provide them the information
and materials specified in this section and shall further obtain from them the
certification required by subsection (b)(3). In the case of a pregnancy that is
the result of incest where the father is a party to the incestuous act, the
pregnant woman need only obtain the consent of her mother.
(2) If both parents have died or are
otherwise unavailable to the physician within a reasonable time and in a
reasonable manner, consent of the pregnant woman's guardian or guardians shall
be sufficient. If the pregnant woman's parents are divorced, consent of the
parent having custody shall be sufficient. If neither any parent nor a legal
guardian is available to the physician within a reasonable time and in a
reasonable manner, consent of any adult person standing in loco parentis shall
be sufficient.
(3) If both of the
parents or guardians of the pregnant woman refuse to consent to the performance
of an abortion or if she elects not to seek the consent of either of her
parents or of her guardian, a petition to court for consent may be made in
accordance with the Abortion Control Act, 18 Pa.C.S. Chapter 32.
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